G YESADIAN Vs. DURAI

JUDGEMENT

(1.) THIS second appeal is focussed by the original plaintiff, animadverting upon the judgment and decree dated 25.9.2007 passed in A.S.No,38 of 2006 by the Sub Court, Tiruvallur, confirming the judgment and decree dated 30.12.2005 passed by the District Munsif, Pallipattu, in O.S.No,694 of 2001, which was for declaring the plaintiff's title over the 'B' scheduled property and to direct the defendants 1 to 9 to deliver vacant possession of the 'B' scheduled property and for mandatory injunction directing the respondents 10 to 13 to cancel house site patta issued in the name of the defendants. For convenience sake, the parties are referred to hereunder according to their litigative status before the trial Court.

(2.) THE second appellant herein filed the suit O.S.No,694 of 2001 before the District Munsif, Pallipattu, seeking the following reliefs:

(3.) THE plaintiff admittedly is having no title deed of his own. However, he relied upon Ex.A2 and Ex.A3-the judgment and decree in O.S.No,321 of 1979 and Exs.A4 and A5-the judgment and decree in A.S.No.1354 of 1992. THE lower Court correctly referred to the suit property in the previous suit O.S.No,321/79 and observed in paragraph 8 that the 'A' scheduled property in this suit and the 'A' scheduled property in the previous suit 321/79 were not one and the same and in support of that, the lower Court also pointed that the Northern boundary was shown as the house of one Gengan, whereas in the present suit 'A' scheduled property was shown as the defendants' house. Similarly, the eastern boundary also does not tally. Over and above that, Ex.C1-the report of the Surveyor, as correctly referred to by the lower Court, would demonstrate and evince that the 'B' scheduled property referred to in the plaint is situated only in Survey No,82/4 and not in Survey No,82/10. Absolutely there is no shard or shred, scintilla or miniscule extent of evidence on the side of the plaintiff that the 'B' scheduled property is situated in Survey No,82/10 as claimed in the plaint.